Ord 83-06
ORDINANCE NO. 83-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM TRN (TRANSITIONAL); TO GC (GENERAL
COMMERCIAL) ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; AND REZONING AND PLACING LAND
PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) TO
GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE EAST SIDE OF SOUTH
FEDERAL HIGHWAY, BE1WEEN AVENUE "G" AND LA-MAT
AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA,
MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, NPC Holdings LLC, is the fee simple owner of a 0.843 acre parcel of land located
on the east side of South Federal Highway, between Avenue "G" and La-Mat Avenue; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation ofTRN (fransitional); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from TRN (fransitional) to GC (General Commercial); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Dekay Beach, Florida, dated March 2006, as being zoned NC (Neighborhood Commercial)
District; and
WHEREAS, at its meeting of December 18, 2006, the Planning and Zoning Board for the City
of Dekay Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and further
the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dekay Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is consistent
with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Dekay Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as GC (General Commercial).
Section 3. That the City of Dekay Beach elects to make this small scale amendment by having
only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Dekay Beach, Florida, be, and the same
is hereby amended to reflect a zoning classification of GC (General Commercial) District for the
following described property:
Lots 1 through 11 inclusive, the West half of Lot 12, Lots 25 through 27, all in Block 25,
together with that 10 foot alley lying between Lots 1 through 9 and Lots 10 and 27, Block 25, Del-
Raton Park, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10 of the Public
Records of Palm Beach County, Florida, less and except therefrom the West 38 feet of said Lots 1
through 9, Block 25.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date
of this ordinance, amend the Zoning Map of the City of Dekay Beach, Florida, to conform with the
provisions of Section 4 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 7. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
2
ORD NO. 83-06
("
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks
Boulevard, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the \ l, ~
day of~,,"e.b ") , 200~.
A TrEST
~lb.
MAYOR '---
~H ~ .~. ~\~~j
City Clerk
First Reading ~ ~ CJ\
Second Reading ~ \ '-' \\J\
3
ORD NO. 83-06
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER pi(
AGENDA ITEM # 10.13 - REGULAR MEETING OF JANUARY 16. 2007
ORDINANCE NO. 83-06
SUBJECT:
DATE:
JANUARY 12, 2007
This ordinance is before Commission for second reading and quasi-judicial hearing for a Future Land
Use Map amendment (small-scale) from TRN (fransitional) to GC (General Commercial) and
rezoning from NC (Neighborhood Commercial) to GC (General Commercial) for three (3) parcels,
totaling 0.843 acres, located at 2703, 2709 & 2715 South Federal Highway.
At the first reading on January 2, 2007, the Commission passed Ordinance No. 83-06.
Recommend approval of Ordinance No. 83-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 83-06 Rezoning at 2703 2709 2715 So Federal Hwy 01.16.07.doc
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FROM:
DAVP~D
PA~ DORLlNG, AI
~~~A
CANDI JEFFERS'OI
DIRECTOR OF PLANNING AND ZONING
TO:
THRU:
ENIOR PLANNER
SUBJECT: MEETING OF JANUARY 2, 2007
FUTURE LAND USE MAP AMENDMENT FROM TRANSITIONAL (TRN) TO
GENERAL COMMERCIAL (GC) AND REZONING FROM NEIGHBORHOOD
COMMERCIAL (NC) TO GENERAL COMMERCIAL (GC) FOR THREE ADJACENT
PARCELS TOTALLING APPROXIMATELY 0.843 ACRES LOCATED AT 2703. 2709
AND 2715 SOUTH FEDERAL HIGHWAY
The action requested of the City Commission is approval of a Future land Use Map amendment
from TRN (Transitional) to GC (General Commercial) and a zoning change from NC (Neighborhood
Commercial) to GC (General Commercial) for three individual and contiguous properties.
The subject properties are located in Del Raton Park subdivision and are recorded in Palm Beach
County Plat Book 14 on pages 9 and 10. The three lots total 0.843 acres or 36,721 square feet.
Currently these properties contain a pawn shop, tobacco shop and a sign shop owned by NPC
Holdings llC.
All three of the subject properties front on South Federal Highway, which is a major thoroughfare
serving the City of Delray Beach. Although there are some residential uses east of these properties,
they are bordered on the north, south and west sides by commercial uses predominantly dominated
by auto related uses. The proposed changes seek to apply a land use and zoning designation which
is more consistent with the prevailing commercial uses. Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of December 18, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the request. There was no public testimony in support of, or opposition to the
proposal. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to
recommend to the City Commission approval of the rezoning and Future land Use Amendment, by
adopting the findings of fact and law contained in the staff report, and a finding that the request is
consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and
2.4.5(D)(5) of the land Development Regulations.
Move approval of the Future land Use Map amendment from TRN (Transitional) to GC (General
Commercial) and rezoning from NC (Neighborhood Commercial) to GC (General Commercial), by
adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 3.1.1, 3.2.2, and
2.4.5(D)(5) of the land Development Regulations, with second reading to occur at a public hearing on
January 16, 2006.
Attachment: Proposed Ordinance and Planning & Zoning Board Staff Report of December 18, 2006 Il
/2.n
ORDINANCE NO. 83-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM TRN (TRANSITIONAL); TO GC (GENERAL
COMMERCIAL) ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; AND REZONING AND PLACING LAND
PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) TO
GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE EAST SIDE OF SOUTH
FEDERAL HIGHWAY, BETWEEN AVENUE "G" AND LA-MAT
AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA,
MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, NPC Holdings LLC, is the fee simple owner of a 0.843 acre parcel of land
located on the east side of South Federal Highway, between Avenue "G" and La-Mat Avenue; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation ofTRN (Transitional); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from TRN (Transitional) to GC (General Commercial); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned NC (Neighborhood Commercial)
District; and
WHEREAS, at its meeting of December 18, 2006, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as GC (General Commercial).
Section 3. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of GC (General Commercial) District for
the following described property:
Lots 1 through 11 inclusive, the West half of Lot 12, Lots 25 through 27, all in Block 25,
together with that 10 foot alley lying between Lots 1 through 9 and Lots 10 and 27, Block 25, Del-
Raton Park, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10 ofthe Public
Records of Palm Beach County, Florida, less and except therefrom the West 38 feet of said Lots I
through 9, Block 25.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 4 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
2
ORD NO. 83-06
Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard
Oaks Boulevard, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO. 83-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
December 18, 2006
IV. A.
Future Land Use Map amendment (small-scale) from TRN (Transitional) to GC
(General Commercial) and rezoning from NC (Neighborhood Commercial) to GC
(General Commercial) for three parcels located at 2703, 2709 & 2715 South Federal
Highway.
GENERAL DATA:
Owner/Applicant.......................... NPC Holdings llC
East: MD (Medium Density Residential)
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Agent......................................... Michael Carbone
location...................................... On the east side of Federal Highway
between Avenue G and la-Mat Avenue
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Property Size.............................. 0.843 acres
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LA-MAT AVENUE
Existing FlUM........................... TRN (Transitional)
Proposed FlUM......................... GC (General Commercial)
Adjacent FlUM.................North: GC (General Commercial)
South: GC (General Commercial)
West: GC (General Commercial)
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Current Zoning............................ NC (Neighborhood Commercial)
Proposed Zoning........................ GC (General Commercial)
Adjacent Zoning................North: SAD (Special Activities District)
East: RM (Multiple Family Residential)
South: PC (Planned Commercial)
West: AC (Automotive Commercial)
Existing land Use...................... Sign Shop, Tobacco Shop, Pawn Shop
Water.. .. .. .. .. .. . .. . . .. .. .. .. .. .. .. .... Existi ng on site
Sewer.. ... ..... .. .. ...... .. .... .... .. ... Existing on site
IV.A
The item before the Board is that of making a recommendation to the City Commission on a
proposed zoning change from NC (Neighborhood Commercial) to GC (General Commercial) and a
proposed Future land Use Map Amendment from TRN (Transitional) to GC (General Commercial)
for three individual and contiguous properties.
All three of the subject properties front on South Federal Highway, which is a major thoroughfare
serving the City of Delray Beach. Although there is some residential uses east of these properties, it
is bordered on the north, south and west sides by commercial uses predominantly dominated by auto
related uses. The proposed changes seek to apply a land use and zoning designation which is more
consistent with the prevailing commercial uses.
The subject properties are located in Del Raton Park subdivision and are recorded in Palm Beach
County Plat Book 14 on pages 9 and 10. The three lots total are approximately 0.843 acres or
36,721 square feet.
The property at 2703 South Federal Highway was developed as a 2,356 square foot office space in
1946. The property at 2709 South Federal Highway was developed as a 1,958 square foot retail
store in 1946 and the property at 2715 South Federal Highway was developed as a 1,154 square foot
retail store in 1952. Currently these properties contain a pawn shop, tobacco stop and a sign shop
owned by NPC Holdings llC.
Prior to June 1989, the subject property was in unincorporated Palm Beach County. The property was
annexed into the city as part of Enclave 50 (Enclave Act) on July 25, 1989, with a GC (General
Commercial) zoning designation and a GC land use designation via Ordinance 38-89.
A Future land Use Map change from GC (General Commercial) to TRN (Transitional) was approved
by City Commission on November 28, 1989. When this occurred, the GC (General Commercial)
zoning designation became inconsistent with the new Future land Use Map designation.
In turn, zoning changes City-wide were implemented in September 1990, to bring the zoning map
consistent with the Future land Use Map. At this time, the zoning designation for the lots was
changed from GC (General Commercial) to PC (Planned Commercial). However, neither the GC nor
PC zoning districts were deemed consistent with the TRN (Transitional) Future land Use Map
designation.
Thus, on July 9, 1991, the City Commission initiated a zoning change for the subject properties from
PC (Planned Commercial) to POD (Professional Office District). This designation was approved by
City Commission on September 10, 1991 via Ordinance 57-91.
On May 19, 1997, a privately initiated a zoning change for the subject properties from POD
(Professional Office District) to NC (Neighborhood Commercial) was requested. This request was
granted and adopted by the City Commission in Ordinance 24-97 on June 17, 1997.
Current Land Use Desianation: The current Future land Use Map designation for the property is
TRN (Transitional).
Reauested Land Use Desianation: The requested Future land Use Designation is to GC (General
Commercial).
PZB Report
Page 2 of 7
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future land Use Map
Amendment is being processed as small scale development pursuant to Florida Statues 163.3187.
This statutes states that any local government comprehensive land use amendments directly related
to proposed small scale development activities may be approved without regard to statutory limits on
the frequency of consideration of amendment (twice a year), subject to the following conditions:
. The amendment does not exceed 10 acres of land;
. The cumulative effect of the amendments processed under this section shall not exceed 120
acres within designated redevelopment and traffic concurrency exception areas, or 60 acres
annually in areas lying outside the designated areas; and,
. The proposed amendment does not involve the same property, or the same owner's property
within 200' feet of property, granted a change within a period of twelve months.
. That if the proposed amendment involves a residential land use, the residential land use has a
density of 10 units or less per acre except for properties that are designated in the
Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization;
. The proposed amendment does not involve a text change to the goals, policies, and objectives of
the local government's comprehensive plan, but only proposes a land use change to the Future
land Use Map for a site-specific small scale development activity; and,
. The property that is the subject of a proposed amendment is not located within an area of critical
state concern.
The Future land Use Map amendment involves a 0.843 acre area, thus the total area is less than
the 10 acre maximum. The property is not located within a designated redevelopment area or
traffic concurrency exception area. This amendment, along with other small-scale amendments
processed this year, outside the designated areas, will not exceed 60 acres. For the 2006 year,
0.0 acres have been subject to the small scale amendment process and this 0.843 acres will
make a total of 0.843 acres. This property has not previously been considered for a land use
amendment nor has the same property owner's properties been granted a land use change within
200' feet, within the last year. The proposed amendment is for General Commercial (GC) land
use. Thus, it does not involve a residential land use category. The amendment does not involve a
text change to the Comprehensive Plan. The subject property is not located within an area of
critical state concern.
Pursuant to 163.3187 (6)(a), no amendments may be made to the Comprehensive Plan after the
date established by the State (January 1, 2006) unless it (the City) has submitted its Evaluation
and Appraisal Report (EAR). On October 17, 2006, the EAR was adopted by the City
Commission and has been transmitted to the State of Florida Department of Community Affairs
for sufficiency review.
Given the above analysis, the proposed FlUM amendment meets the criteria of FS. 163.3187
and can be considered as a small-scale land use amendment.
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings
must be made in a form which is part of the official record. This may be achieved through
information on the application, written materials submitted by the applicant, the staff report,
or minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the Future Land Use Map (FLUM),
Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
PZB Report
Page 3 of 7
o Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future Land Use Map.
The Future land Use Map Amendment request is to change the existing NC (Neighborhood
Commercial) designation to GC (General Commercial) use. The general commercial land use
designation, as defined in the Comprehensive Plan, is applied to land which is, or should be,
developed for general commercial purposes (i.e. retail, office, services). A maximum Floor Area
Ratio of 3.0 is permitted for nonresidential uses.
The proposed change is to accommodate General Commercial uses in the existing buildings. The
proposed GC (General Commercial) zoning, in combination with, the proposed GC (General
Commercial) FlUM designation may allow for the best and highest use of the property.
Development under the proposed zoning and land use designation, would be more in line with
existing developments to the north, south and west of the subject property.
The existing NC (Neighborhood Commercial) zoning accompanied with the existing TRN
(Transitional) FlUM designation allows a much more limited range of commercial uses than the
GC (General Commercial) zoning, and is much more restrictive placing maximum limits on sq. ft.
per tenant and maximum floor area per use. These restrictions are to assure the commercial
uses remain of neighborhood scale. These types of restrictions are not appropriate on a highly
commercialized corridor like Federal Highway. Uses as allowed under GC (without such
restrictions) are more appropriate on a 4 lane highway.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Concurrency as defined pursuant to Objective B-2 of the Future land Use Element of the
Comprehensive Plan must be met and a determination made that the public facility needs,
including public schools, of the requested land use and/or development application will not exceed
the ability of the City and The School District of Palm Beach County to fund and provide, or to
require the provision of needed capital improvements in order to maintain the levels of Service
Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of
Delray Beach.
Drainaqe: With this rezoning request, drainage plans are not required. No drainage problems have
been identified with regards to the existing building. Thus, problems are not anticipated related to
retaining drainage on site or obtaining any building permits, if and when required.
Traffic: The proposed use as a pawn shop, sign shop and tobacco shop are vested with respect to
traffic. This rezoning will not increase traffic for the existing buildings. While the rezoning may
allow redevelopment of the property and potentially increases in intensity, a traffic study and
compliance with traffic concurrency would be required at that time.
Parks and Recreation: Non-residential uses are not considered to have an impact on the City's
Parks and Recreation facilities.
Solid Waste:
Based upon the Solid Waste Authority's typical waste generation rates, the proposed uses would
generate 169.89 tons of waste annually. The Solid Waste Authority has indicated that its
facilities have sufficient capacity to handle all development proposals till the year 2021.
Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed
development will not have an impact with respect to this level of service standard.
PZB Report
Page 4 of 7
Given the above, the proposed development meets concurrency.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policy A-1.7: Amendments to the FLUM must be based upon the
findings listed below, and must be supported by data and analysis that demonstrate
compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need must be
based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into
the municipal boundaries, or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances. This
requirement shall not apply to requests for the FLUM designations of Conservation or
Recreation and Open Space; nor shall it apply to FLUM changes associated with
annexations when the City's Advisory FLUM designation is being applied, or when the
requested designation is of a similar intensity to the Advisory designation. However, the
findings described in the remainder of this policy must be addressed with all FLUM
amendments.
The requested GC zoning and GC land use designation will continue to allow commercial uses
similar to the existing NC zoning without tenant and use sq. ft. restrictions. There will be no change
in uses of the existing properties. The proposed zoning and land use map change is more
consistent with the existing character of the commercial nature of South Federal Highway. These
circumstances demonstrate a need for the requested zoning and FlUM change.
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in
a manner so that the future use and intensity is appropriate in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses; and
fulfills remaining land use needs.
There are no significant environmental characteristics to the subject property. The existing use of
the property is compatible with the adjacent land uses, which currently consists primarily of
commercial or retail establishments to the north, south and west.
Housina Element Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the stability
of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and
circulation patterns shall be reviewed in terms of their potential to negatively impact the
safety, habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be modified
accordingly or denied.
The development proposed herein is merely a rezoning and land use amendment request to allow
for the existing uses to come in compliance with the Comprehensive Plan and lDRs. The request
does not consist of a proposed development which might entail modifications to existing structures.
Allowing the existing business to continue there current uses will not disrupt the aesthetic value of
the neighborhood nor produce any negative effects inclusive of, but not limited to: noise, dust,
odors or disruptive traffic and circulation problems. Any future improvements of the property, will
require submittal of a separate site plan application and mitigation of any potential negative
impacts.
PZB Report
Page 5 of 7
o Compliance with LDRs: Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Whenever an item is identified elsewhere in these land Development Regulations (lDRs), it shall
specifically be addressed by the body taking final action on a land development application/request.
Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district
reg u lations.
At this time, no physical improvements are proposed. If and when improvements are made (other
than internal modification) a site plan review will be required. No concerns meeting the lDR
requirements are anticipated.
o Compatibility: The requested designation will be compatible with the existing and future
land uses of the surrounding area.
As demonstrated in the following "Rezoning Analysis" section, the requested GC (General
Commercial) zoning and land use designation will be compatible with existing and future land uses
of the surrounding area.
Future land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance
with the development criteria of the lDR were previously discussed under the "Future Land Use Map
Amendment Analysis" section of this report. Compliance with the land Development Regulations with
respect to Standards for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.2 (Standards for Rezonina Actions): Standards "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. Standard "D" requires that the rezoning shall
result in allowing land uses which are deemed compatible with adjacent and nearby land use both
existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
LAND USE ANALYSIS:
Existina land uses
Subject Property - Commercial (Zoning District: NC; FLU Map: TRN)
North - Commercial (Zoning District: SAD; FLU Map: GC)
South - Retail (Zoning District: PC; FLU Map: GC)
East - Vacant land (Zoning District: RM; FLU Map: MD)
West - Commercial (Zoning District: AC; FLU Map: GC)
Prooosed land uses
Subject Property - Commercial (Zoning District: GC; FLU Map: GC)
North - Commercial (Zoning District: SAD; FLU Map: GC)
South - Retail (Zoning District: PC; FLU Map: GC)
East - Vacant land (Zoning District: RM; FLU Map: MD)
West - Commercial (Zoning District: AC; FLU Map: GC)
The subject property is bordered on the north, south and west by properties zoned for
commercial use which are compatible with the existing use of this property.
As demonstrated above, this request does not result in an incompatible land use, thus, the
proposed development can be found to be in compliance with lDR Section 3.2.2 (D).
PZB Report
Page 6 of 7
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought. These reasons
include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The basis for which the rezoning should be granted, relates to the third bullet point above,
indicating that the parcels located at 2703, 2709 and 2715 South Federal Avenue is of similar
intensity as allowed under the FlUM and is more appropriate for the property given the parcels
location along a 4 lane highway.
Currently, all properties fronting on South Federal Highway, which are adjacent to this
property, have a higher intensity commercial use than the subject property. Because of its
location on a major north-south thoroughfare, the parcel ceases to serve a transitional
purpose. It better serves the needs of the general public and not the neighboring residentially
zoned districts, which are internally positioned on primarily local roads. Under these
circumstances the rezoning to GC is more appropriate.
Based upon these positive findings, the proposed development is in compliance with lDR
Section 2.4.5(D)(5).
The proposed rezoning is not in a geographic area requiring review by either the Historic Preservation
Board (HPB), Downtown Development Authority (DDA), or the Community Redevelopment Agency
(CRA).
Courtesy Notices: A special courtesy notice was provided to the following homeowners associations:
· Neighborhood Advisory Council
. Progressive Residents Of Delray (PROD)
. Pelican Harbor
. President Council
. Tropic Harbour
. Tropic Bay
IPARe Notice: On December 1, 2006, notice of the Future land Use Amendment was provided to
the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. No objections have been received to date.
Public Notices: Formal public notice has been provided to property owners within a 500' radius of the
subject property. letters of objection and/or support, if any, will be presented at the Planning and
Zoning Board meeting.
PZB Report
Page 7 of 7
Positive findings can be made with respect to lDR Section 3.1.1 (Required Findings), lDR Section
3.2.2 (Standards for Rezoning Actions), lDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals,
Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning of the subject property from
NC to GC, and a future land use amendment from TRN to GC, can be recommended for approval,
based on the findings outlined herein.
A. Move a recommendation of approval to the City Commission for the request for rezoning from NC
(Neighborhood Commercial) to GC (General Commercial) and a Future land Use Map
amendment from TRN (Transitional) to GC (General Commercial) for the subject property, by
adopting the findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan, and does meet the criteria set forth in
Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the land Development Regulations.
B. Move a recommendation of denial to the City Commission for the request for rezoning from NC
(Neighborhood Commercial) to GC (General Commercial) and a Future land Use Map
amendment from TRN (Transitional) to GC (General Commercial), by adopting the findings of fact
and law contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and
3.2.2 of the land Development Regulations.
C. Move to postpone a recommendation of approval or denial in order to continue reviewinq the
request for rezoning from NC (Neighborhood Commercial) to GC (General Commercial) and a
future land use map amendment from TRN (Transitional) to GC (General Commercial) for the
subject property with direction.
Staff recommends that the Planning and Zoning Board moves to recommend approval to the City
Commission for the request for rezoning from NC (Neighborhood Commercial) to GC (General
Commercial) and a Future land Use Map amendment from TRN (Transitional) to GC (General
Commercial) for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the Comprehensive Plan,
and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the land Development
Regulations.
Report prepared by Candi Jefferson, Senior Planner
Attachments:
· Vicinity Map
· Zoning District Map
. Future Land Use Map
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MAP REF: UA980
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REZONING
2703,2709,2715 S. FEDERAL HIGHWAY
m PROPOSED ZONING: GC (GENERAL COMMERCiAl)
CITY OF DELRA Y BEACH. I'L
PLANNING clc ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
MAP REf: LM980
CITY OFDELRAY BEACH
REZONING AND LAND USE
CHANGE
The City Commission will conduct a Public Hearing on TUESDAY. JANUARY 16.
2007 at 7:00 n.m. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue.
Delray Beach, Florida (or at any continuation of such meeting which is set by the City
Commission). At this meeting the City Commission will consider adopting this small
scale amendment to the Future Land use Map of the Comprehensive Plan aud the
rezoning. The title oftlle enacting ordinance is as follows:
. A small scale Future Land Use Map (FLUM) ammdment FROM TRN (TransitiOllal)
TO GC (Geneml Commercial) and a rezoning change FROM NC (Neighborhood
Commercial) TO GC (General Commercial) for three individual and contiguous
properties. The subject properties are located in Del Raton Park subdivision and total
0.843 acres and are localed at 2703, 2709 & 2715 South Federal Highway.
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ORDINANCE NO. 1IJ.06
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AN ORDINANCE OF -nm CITY COMMISSION OF THE crrv OF DELRAY
BEACH. FLORIDA, AMENDING THE FUrURE LAND USE MAP DESl6NAllON
AS CONTAINED IN THE COMPREHENSIVE PLAN FROM TRN
(TRANSITIONAL); TO GC (GENERAL COMMERCIAL) El.ECTING TO
PROCEED UNDER THE SINGLE HEARING AOOPTlON PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENJS~ AND REZONING AND PLACING
LAND PRESENlLY ZONED NC (NEIGHBORHOOD COMMERCIAL) TO GC
(GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A l'ARCa OF
LAND LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY,
BETWEEN AVENUE "0" AND LA-MAT AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, MARCH 2006"; PROVIDING ^ GENERAL REPEALER CLAllSE, A
SAVING Cl.AUSE. AND ANEFFEC'rlVE DATE.
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All interested citizens are invited to attend the public hearing nnd comment upon the
Future Land Use Map amendment and rezoning or submit their eommelUS in wl'iting on
or before the date of this hearing to the Planning and Zoning Department. For further
information or to obtain copies of the proposed amendment, please contact Jasmin Allen
of the Plnnning and Zoning Department, ] 00 N.W. l.t Avenue. Delray Beach, Florida
33444 (email atpzmail@mydelraybeach.com). phone (561)243-7040, between the
hours of 8:00 a.m. and 5:00 p.m. on weekdllYs (excluding holidnys).
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this hearing, such person will need
a verbatim record of the proceedings, and for this purpose such person may need to
ensure that a verhatim record of the proceedings is mude, which record includes the
testimony and evidence upon which the appeal is bused. The City does not provide or
prepare such record pursuant to F.S. 286.0105.
CITY OF DELRA Y BEACH
Chevelle O. Nubin, CMC
City Clerk
PUBLISH: Fridny, January 5, 2007
BOCA RAroN NEWS/DELRA Y BEACH NEWS
AD#NSO I 064
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